BNS Section 348 – Making or possession of any instrument for counterfeiting a property markMaking or possession of any instrument for counterfeiting a property mark
The Indian Penal Code (IPC) Section – 485
Understanding Bharatiya Nyaya Sanhita (BNS) Section 348: Making or Possessing Tools for Counterfeiting Property Marks
This law deals with creating or keeping tools used to counterfeit property marks. Here’s a simple breakdown:
What is the Crime?
If a person:
- Makes or has in their possession any tool (like a die, plate, or instrument) for counterfeiting a property mark,
- Or has a fake property mark to falsely show that goods belong to someone they do not belong to,
they are committing a crime under this section.
Punishment: Up to 3 years in jail OR fine OR both.
Key Points in Simple Table
| Crime | Punishment | Police Action | Bail? | Trial Court |
|---|---|---|---|---|
| Making or possessing tools for counterfeiting property marks | Up to 3 years jail OR fine OR both | Non-cognizable | Bailable | First Class Magistrate |
What Does “Counterfeiting Tools” Mean?
- Tools: Dies, plates, or other instruments used to create fake property marks.
- Property Mark: A symbol, label, or sign used to show ownership or certify the quality of goods.
Why is This Law Important?
- Counterfeiting tools are used to create fake property marks, which can deceive people and harm businesses.
- This law ensures that those who create or keep such tools are punished.
Real-Life Examples
- Example 1: Ramesh creates a metal plate to print fake brand logos on counterfeit products. He can face up to 3 years in jail or a fine or both.
- Example 2: Priya keeps a fake stamp to mark goods as if they belong to a famous company. She can be punished with up to 3 years in jail or a fine or both.
Conclusion
BNS Section 348 strictly punishes those who make or possess tools for counterfeiting property marks. The punishment can be up to 3 years in jail, a fine, or both. Always avoid creating or keeping such tools to stay clear of legal trouble.
